ML20211D988
| ML20211D988 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/20/1986 |
| From: | Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#486-1198 OL, NUDOCS 8610220326 | |
| Download: ML20211D988 (6) | |
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10/20/86 00txETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'86 0CT 21 P3 :20 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD [fF
'c b'N 0C BH /. tp In the Matter of
)
)
PUBLIC SERVICE COMPANY OF-
)
Docket Nos. 50-443 OL NEW IIAP1PSHIRE, et al.
)
50-444 OL
)
Off-Site Emergency (Seabrook Station, Units 1 and 2)
)
Planning Issues NRC STAFF'S RESPONSE TO MOTION TO RECONSIDER FILED BY THE TOWN OF SALISBURY On September 30, 1986, the Town of Salisbury filed a " Motion to Reconsider" (" Motion"), in which it requested the Board to reconsider its Order of September 11, 1986 imposing sanctions against the Town for falling to comply with the Board's Order of June 24,1986,1 directing the~ Town to answer Applicants' interrogatories of April 28, 1986. -
t
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" Order (Granting Motions to Compel Responses to Applicants' Inter-rogatories)," issued June 24, 1986.
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The Licensing Board's Order imposing sanctions was issued in response to' "Appli': ants' Motion for Sanctions," dated August 20, 1986, which had sought the dismissal of nine towns and cities participating in this proceeding under 10 C.F.R.
I 2.715(c), for failing to comply with the Board's Order of June 24, 1986.
The
- and cities "from presenting direct testimony'y and the other towns Order imposing sanctions precluded Salisbur or cross-examining any witnesses proffered by other parties in this proceeding," and indicated that the Board would not accept "any written pleadings on the direct or cross-examination testimony developed on this record by the other parties from these nine cities and towns," including j
findings of fact and conclusions of law.
8610220326 861020 PDR ADOCK 05000443 O
PDR DSo?
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_g-In its Motion, Salisbury asserts that the. Board's Order imposing sanctions against it is " oppressive," in that:
Neither the executive officers nor the Town Clerk of Salisbury were ever served with copies of any Inter-rogatories, Motion to Compel, or the Order of the Board dated September 11,
- 1986, and the Town's only knowledge of the course -of these events has been gathered in the news media.
Salisbury asserts that service upon the Town was made upon "Jerard Croteau, a citi::en of Salisbury who does not represent the ' Town in any executive or other official capacity."
Salisbury asserts that as a result of this " inappropriate and improper service," the Town was never made aware of the interrogatories and Board Orders, and that the Town's "non-compliance with such Orders was not effected with knowledge or intention." 3_/
On October 10, 1986, the Applicants filed " Applicants' Response to the Motion to Reconsider Order of the Town of Salisbury"
(" Applicants' Response").
Therein, the Applicants concede that "a check of the certi-ficate of service appended to the original interrogatories reveals that no representative of Salisbury was served" (Id., at 2).
The Applicants conclude that Salisbury's motion for reconsideration of the Board's Order should be granted, "and the sanctions imposed thereby lifted" (Id. ).
Based upon Applicants' failure to serve the Town of Salisbury with their interrogatories, the staff supports Salisbury's motion for reconsideration and recommends that it be granted.
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Salisbury's Motion does not identify the proper person upon whom service should now be made although, presumably, service is to be (FOOTNOTE CONTINUED ON NEXT PAGE) a
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CONCLUSION l
For the reasons set. forth above, the Staff submits that the Board should grant the motion for reconsideration filed by the Town of Salisbury, b Respectfully submitted, lu & f Sherwin E. Turk Senior Supervisory Trial Attorney Dated at Bethesda, Maryland this 20th day of October,1986 (FOOTNOTE CONTINUED FROM PREVIOUS PAGE) made henceforth upon Charles P.
Graham, Esq., of McKay, Murphy and Graham, the attorney who filed the Motion for Salisbury.
Pursuant to 10 C.F.R.
I 2.713, Mr. Graham should file a notice of appearance in the proceeding.
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The Staff has previously indicated that our response to the instant motion would include our views, as well, "as to whether the Board should reconsider its. Order imposing sanctions with respect to the remaining five towns and cities which have not filed motions for reconsideration. "
"NRC Staff's Response to Motions Filed by the Town of Amesbury and the Town of Rye for Reconsideration of Order In: posing Sanctions," filed October 9,1986, at 3 n.5.
In this regard, we believe that if those other towns and cities promptly move for reconsideration of the Board's order imposing sanctions and indicate their willingness to answer Applicants' interrogatories, the Board should lift the sanctions imposed against them as the Board has already done in ruling on the Town of Seabrook's motion for reconsideration.
See " Order (Addressing ' Town of Seabrook Motion For Reconsideration of Order of the Board of Imposing Sanctions'),"
dated October 7,1986, at 2.
l
00C.KETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'86 0CT 21 P3 :21 BEFORE THE ATOMIC SAFETY AND LICENSING BOkN5g's bib BR/.NCH In the Matter of
)
)
PUBLIC SERVICE COMPANY OF
)
Docket Nos. 50-443 OL NEW HAMPSHIRE, et al.
)
50-444 OL
)
Off-Site Emergency (Seabrook Station, Units 1 and 2)
)
Planning Issues CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO MOTION TO RECONSIDER FILED BY THE TOWN OF SALISBURY" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mail system, this 20th day of October,1986.
Helen Hoyt,- Esq., Chairman
- Dr. Emmeth A. Luebke*
Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr. Jerry Harbour
- Ms. Carol Sneider, Esq.
Administrative Judge Assistant Attorney General Atomic Safety and Licensing Board Office of the Attorney General U.S. Nuclear Regulatory Commission One Ashburton Place,19th Floor Washington, D. C.
20555 Boston, MA 02108 Beverly Hollingworth Stephen E. Merrill 209 Winnacunnet Road Attorney General Hampton, NH 03842 George Dana Bisbee Assistant Attorney General Sandra Gavutis, Chairman Office of the Attorney General Board of Selectmen 25 Capitol Street RFD 1 Box 1154 Concord, NH 03301-6397 Kensington, NH 03827 Richard A. Hampe, Esq.
New Hampshire Civil Defense Agency 107 Pleasant Street Concord, NH 03301
') Calvin A. Canney, City Manager Allen Lampert City Hall Civil Defense Director 126 Daniel Street Town of Brentwood Portsmouth, NH 03801 20 Franklin Street Exeter, NH 03833 Roberta C. Pevear State Representative Angie Machiros, Chairman Town of Hampton Falls Board of Selectmen Drinkwater Road 25 High Road Hampton Falls, NH 03844 Newbury, MA 09150 Mr. Robert J. Harrison Jerard A. Croteau, Constable President and Chief Executive Officer 82 Beach Road, P.O. Box 5501 Public Service Co. of New Hampshire Salisbury, MA 01950 P.O. Box 330 Manchester, NH 03105 Diane Curran, Esq.
Harmon a Weiss Robert A. Backus, Esq.
2001 S Street, N.W.
Backus, Meyer & Solomon Suite 430 116 Lowell Street Washington, D.C.
20009 Menchester, NH 03106 Edward A. Thomas Philip Ahrens, Esq.
Federal Emergency Management Agency
. Assistant Attorney General 442 J.W. McCormack (POCH)
Office of the Attorney General Boston, MA 02109 State House Station, #6 Augusta, ME 04333 H.J. Flynn, Esq.
Thomas G. Dignan, Jr., Esq.
Assistant General Counsel Ropes a Gray Federal Emergency Management Agency 225 Franklin Street 500 C Street, S.W.
Boston, MA 02110 Washington, D.C.
20472 Jane Doughty Atomic Safety and Licensing Seacoast Anti-Pollution League Board
- 5 Market Street U.S. Nuclear Regulatory Commission Portsmouth, NH 03801 Washington, D.C.
20555 Atomic Safety and Licensing Paul McEachern, Esq.
Appeal Panel
- Matthew T. Brock, Esq.
U.S. Nuclear Regulatory Commission Shaines a McEachern Washington, D.C.
20555 25 Maplewood Avenue P.O. Box 360 Portsmouth, NH 03801
) Docketing and Service Section*
William Armstrong Office of the Secretary Civil Defense Director U.S. Nuclear Regulatory Commission Town of Exeter Washington, D.C.
20555 10 Front Street Exeter, NH 03833 Maynard L. Young, Chairman Board of Selectmen Peter J. Matthews, Mayor 10 Central Road City Hall Rye, NH 03870 Newburyport, MA 09150 Michael Santosuosso, Chairman William S. Lord Board of Selectmen Board of Selectmen South Hampton, NH 03827 Town Hall - Friend Street Amesbury, MA 01913 Mr. Febert Carrigg, Chairman Mrs. Anne E. Goodman, Chairman Board of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 R. K. Gad III, Esq.
Gary W. Holmes, Esq.
Ropes & Gray Holmes & Ellis 225 Franklin Street 47 Winnacunnet -Road Boston, MA 02110 Hampton, NH 03842 Judith H. Mizner, Esq.
Silverglate, Gertner, Baker Fine and Good 88 Broad Street Boston, MA 02110 fe'EtiL 5 h Sherwin E. Turk Senior Supervisory Trial Attorney
.